Dye v Commonwealth Securities Ltd (No 5) [2010] FCA 950 Catchwords: PRIVILEGE – legal professional privilege – whether in-house lawyer is an independent legal adviser – nature of requirement of independence – in-house lawyer independent and communications with him capable of being privileged – Rich v Harrington distinguished and questioned. Issue: Legal professional privilege in...
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 Allens Arthur Robinson In brief: A recent European Court of Justice decision1 has found that legal professional privilege does not apply to communications between a company and its in-house lawyers because in-house lawyers lack the necessary degree of independence. Partners Richard Harris (view CV) and Paul Nicols (view CV) and Law Graduate Thomas Prince report....
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